Marrying an American...but still on OPT visa...help!!!

[Moosker 7]

Hey everyone!

Just wondering if anyone has some wise advice or information for me?

I'm recently engaged to a U.S. citizen (I'm Canadian) and we plan on marrying in the U.S. to make things easier.

Currently I hold an OPT (optical training visa) because I attended university in the U.S., I worked there for a couple of months, then decided to move back to Ontario to live and work until we get married.

So...is there any visa, or process, or anything that would make things easier for us because I hold a valid working visa? Would it make sense to get "married" while on the visa? I have heard of people doing this, but am not too sure because of my different situation.

HELP!

Thanks in advance for everyones great advice & information!

[~Laura and Nick~ 5]

Hi and welcome

Congratulations on your engagement!

I'll try and answer your question.

If you enter the states with the intent to marry and stay without the appropriate visa, this is fraud. You can however get married any time while you visit the states but you must return to Canada to wait out for a spousal visa.

Let's say you entered on your work visa and had not met your fiance yet and while you were there met and fell in love, you could marry and adjust status while in the states because at the time of entry you didn't intend to get married. Of course, you have to prove this scenario.

A work visa is a completely different animal from a K1 or spousal visa. A work visa is a non-immigrant visa, the applicant is visiting the United States for a temporary period of time for business. With an Immigrant Visa, the applicant is applying for permanent residence in the United States. In order to do this legally, you will need to either file for the K1 Fiance Visa or the K3 or CR1 spousal visas.

All of the information on these visas is in the Guides here at VJ.

I wish you much luck in your journey!!!

~Laura

[~Laura and Nick~ 5]

and I read you are from the Brantford area!

I'm a Brantford girl, born and raised.

Still here now...

*sigh*

[thermophile 0]

how long is your opt visa valid? are you still in the US? IF you're back in Canada the situation is a lot more dicy because if you came back, even though you'd be coming back to work, you'd also be coming back with the intent to get married. However, if you are still in the US, you can get married and apply to adjust no k visa necessary. Last year a friend of mine did the same thing-she was on a student visa, they got married, applied to adjust, and she had her conditional green card in about 3-4 months. the length of time depends on where you are and the speed of the local office, but yes your work visa can make the process much shorter.

[warlord 72]

Hey everyone!

Just wondering if anyone has some wise advice or information for me?

I'm recently engaged to a U.S. citizen (I'm Canadian) and we plan on marrying in the U.S. to make things easier.

Currently I hold an OPT (optical training visa) because I attended university in the U.S., I worked there for a couple of months, then decided to move back to Ontario to live and work until we get married.

So...is there any visa, or process, or anything that would make things easier for us because I hold a valid working visa? Would it make sense to get "married" while on the visa? I have heard of people doing this, but am not too sure because of my different situation.

HELP!

Thanks in advance for everyones great advice & information!

I would think that the OPT would only be valid if you were still working for the US employer. Once you left and moved to Canada (you did leave that job correct?), then you would have to do the K-1 or CR1 (not that familiar with that one). Otherwise you would need either a job offer, and then get the appropriate work status or visa (like the H-1b Visa or TN status).

Previous status or visas mean nothing if you have left the country. You need to apply for a new one and those always start with a employer that is wanting to hire you and willing to get the documents and information you will need to apply for the correct visa or status....

[Moosker 7]

and I read you are from the Brantford area!

I'm a Brantford girl, born and raised.

Still here now...

*sigh*

So you're still stuck in Ontario? You're recently engaged as well though right? CONGRATS!!!

I just want to do this the most efficient way! We're having a "ceremony/reception" here in Canada October 2008 and I from there I"ll be *crossing fingers* moving to the U.S. then. Do you think that's enough time for us paperwork wise?!?!?

[Moosker 7]

how long is your opt visa valid? are you still in the US? IF you're back in Canada the situation is a lot more dicy because if you came back, even though you'd be coming back to work, you'd also be coming back with the intent to get married. However, if you are still in the US, you can get married and apply to adjust no k visa necessary. Last year a friend of mine did the same thing-she was on a student visa, they got married, applied to adjust, and she had her conditional green card in about 3-4 months. the length of time depends on where you are and the speed of the local office, but yes your work visa can make the process much shorter.

My OPT is valid until June 2008 but I am not working in the U.S. anymore I decided to come back to Canada. So I'm going my proper visa route would to do either the K3 or CR1 visa after marrying in the U.S.?

By the way, does anyone know the approximate time it takes from applying for a K3 to receiving the actual visa?

Thank!!!!

[~Laura and Nick~ 5]

So you're still stuck in Ontario? You're recently engaged as well though right? CONGRATS!!!

I just want to do this the most efficient way! We're having a "ceremony/reception" here in Canada October 2008 and I from there I"ll be *crossing fingers* moving to the U.S. then. Do you think that's enough time for us paperwork wise?!?!?

I wouldn't call it "Stuck" I love Ontario and Canada but it just makes more sense for me to move there for the time being

Thank you for the Congrats

So, what visa are you planning on filing?

If you are filing for the K1 Fiance Visa, You will file for that visa ASAP which takes anywhere from 6 to 8 months to be approved. You'll receive the K1 Visa in your passport and you have up to 6 months from receiving it to enter the States. You must get married in the states within 90 days of entry, you can't leave or you will be abandoning the process and will have to start all over again. The only way you can go back to Canada to visit after you have married in the states is with either your green card (Which takes several months to get) or Advanced Parole (which is filed the same time as your Adjustment of Status and Work Authorization) Advanced Parole takes about 3 months to get. Sometimes sooner.

If you want to get married in Canada, that isn't a problem. If your plan is to move to the states with him after that, you can't just walk in with him, you have to have an appropriate visa. He'll have to go home after you are married and file for the K3 or CR-1 Spousal visa and you will have to wait in Canada for that to be approved. You can visit him during this time but you must show strong ties to Canada, like a letter from your employer stating you are returning back to work, etc. With the Spousal visas you are looking at slightly longer waiting time than the K1.

I suggest having a look at the Guides here at VJ and also the comparison chart HERE

It's complicated at first, read the guides, go over them again and then again.

Best of luck!!!

[~Laura and Nick~ 5]

Oh and don't forget to check out the K1 Flowchart

as well as the K3 Flowchart to see the estimated length of time between filing and visa in hand.

[Lance27 19]

how long is your opt visa valid? are you still in the US? IF you're back in Canada the situation is a lot more dicy because if you came back, even though you'd be coming back to work, you'd also be coming back with the intent to get married. However, if you are still in the US, you can get married and apply to adjust no k visa necessary. Last year a friend of mine did the same thing-she was on a student visa, they got married, applied to adjust, and she had her conditional green card in about 3-4 months. the length of time depends on where you are and the speed of the local office, but yes your work visa can make the process much shorter.

My OPT is valid until June 2008 but I am not working in the U.S. anymore I decided to come back to Canada. So I'm going my proper visa route would to do either the K3 or CR1 visa after marrying in the U.S.?

By the way, does anyone know the approximate time it takes from applying for a K3 to receiving the actual visa?

Thank!!!!

Average time was about 8-10 months when I went through the K3 process... not sure about now. Also the length of time depends on a lot of different situations. If your case is straightforward and you do not get any RFEs or any other issues you can estimate is using the timeline feature on VJ.

[Moosker 7]

So you're still stuck in Ontario? You're recently engaged as well though right? CONGRATS!!!

I just want to do this the most efficient way! We're having a "ceremony/reception" here in Canada October 2008 and I from there I"ll be *crossing fingers* moving to the U.S. then. Do you think that's enough time for us paperwork wise?!?!?

I wouldn't call it "Stuck" I love Ontario and Canada but it just makes more sense for me to move there for the time being

Thank you for the Congrats

So, what visa are you planning on filing?

If you are filing for the K1 Fiance Visa, You will file for that visa ASAP which takes anywhere from 6 to 8 months to be approved. You'll receive the K1 Visa in your passport and you have up to 6 months from receiving it to enter the States. You must get married in the states within 90 days of entry, you can't leave or you will be abandoning the process and will have to start all over again. The only way you can go back to Canada to visit after you have married in the states is with either your green card (Which takes several months to get) or Advanced Parole (which is filed the same time as your Adjustment of Status and Work Authorization) Advanced Parole takes about 3 months to get. Sometimes sooner.

If you want to get married in Canada, that isn't a problem. If your plan is to move to the states with him after that, you can't just walk in with him, you have to have an appropriate visa. He'll have to go home after you are married and file for the K3 or CR-1 Spousal visa and you will have to wait in Canada for that to be approved. You can visit him during this time but you must show strong ties to Canada, like a letter from your employer stating you are returning back to work, etc. With the Spousal visas you are looking at slightly longer waiting time than the K1.

I suggest having a look at the Guides here at VJ and also the comparison chart HERE

It's complicated at first, read the guides, go over them again and then again.

Best of luck!!!

Thank you for all your help!

If you don't mind me asking, what have you filed for since being engaged to an American? I'm guessing getting married here or in the U.S. is the best idea (quicker rather than later) and applying immediately for the Cr1 visa. Then from there just cross my fingers that the visa comes in and we are able to officially begin our life together. I guess I'm totally paranoid and want to pick the right visa direction because I've heard of way too many horror stories that just freak me out!

Thanks again!

[Moosker 7]

how long is your opt visa valid? are you still in the US? IF you're back in Canada the situation is a lot more dicy because if you came back, even though you'd be coming back to work, you'd also be coming back with the intent to get married. However, if you are still in the US, you can get married and apply to adjust no k visa necessary. Last year a friend of mine did the same thing-she was on a student visa, they got married, applied to adjust, and she had her conditional green card in about 3-4 months. the length of time depends on where you are and the speed of the local office, but yes your work visa can make the process much shorter.

My OPT is valid until June 2008 but I am not working in the U.S. anymore I decided to come back to Canada. So I'm going my proper visa route would to do either the K3 or CR1 visa after marrying in the U.S.?

By the way, does anyone know the approximate time it takes from applying for a K3 to receiving the actual visa?

Thank!!!!

Average time was about 8-10 months when I went through the K3 process... not sure about now. Also the length of time depends on a lot of different situations. If your case is straightforward and you do not get any RFEs or any other issues you can estimate is using the timeline feature on VJ.

Thanks EVERYONE for all your advice! I really don't know what I would without hearing from people who have been through, or are going through the process!

Specifically to Lance27...you went through the K3 visa, is there a reason you decided to go with that one over the CR1? Your timeline in getting your visa seemed very do-able...thank you piece of sunshine

So you're still stuck in Ontario? You're recently engaged as well though right? CONGRATS!!!

I just want to do this the most efficient way! We're having a "ceremony/reception" here in Canada October 2008 and I from there I"ll be *crossing fingers* moving to the U.S. then. Do you think that's enough time for us paperwork wise?!?!?

I wouldn't call it "Stuck" I love Ontario and Canada but it just makes more sense for me to move there for the time being

Thank you for the Congrats

So, what visa are you planning on filing?

If you are filing for the K1 Fiance Visa, You will file for that visa ASAP which takes anywhere from 6 to 8 months to be approved. You'll receive the K1 Visa in your passport and you have up to 6 months from receiving it to enter the States. You must get married in the states within 90 days of entry, you can't leave or you will be abandoning the process and will have to start all over again. The only way you can go back to Canada to visit after you have married in the states is with either your green card (Which takes several months to get) or Advanced Parole (which is filed the same time as your Adjustment of Status and Work Authorization) Advanced Parole takes about 3 months to get. Sometimes sooner.

If you want to get married in Canada, that isn't a problem. If your plan is to move to the states with him after that, you can't just walk in with him, you have to have an appropriate visa. He'll have to go home after you are married and file for the K3 or CR-1 Spousal visa and you will have to wait in Canada for that to be approved. You can visit him during this time but you must show strong ties to Canada, like a letter from your employer stating you are returning back to work, etc. With the Spousal visas you are looking at slightly longer waiting time than the K1.

I suggest having a look at the Guides here at VJ and also the comparison chart HERE

It's complicated at first, read the guides, go over them again and then again.

Best of luck!!!

Thank you for all your help!

If you don't mind me asking, what have you filed for since being engaged to an American? I'm guessing getting married here or in the U.S. is the best idea (quicker rather than later) and applying immediately for the Cr1 visa. Then from there just cross my fingers that the visa comes in and we are able to officially begin our life together. I guess I'm totally paranoid and want to pick the right visa direction because I've heard of way too many horror stories that just freak me out!

Thanks again!

By the way...forgot to mention we're thinking of getting "married" earlier than our expected date just to start our paperwork...I think we're considering between the K3 or CR1...still a little bit wary on the details & differences between them. One provides a working visa immediately?

[Flames9_RN 358]

No one knows your situation, thus why it is best to sit down for a few (or many) hours and visit the k1 (fiance) or the K3 and cr-1 forums and read the guides/stickies at the top of each page!! Each visa has its pros cons, such as being able to work, being able to freely leave the USA, less $$$$, quicker USA citizenship if u wish etc etc!!

[~Laura and Nick~ 5]

Thank you for all your help!

If you don't mind me asking, what have you filed for since being engaged to an American? I'm guessing getting married here or in the U.S. is the best idea (quicker rather than later) and applying immediately for the Cr1 visa. Then from there just cross my fingers that the visa comes in and we are able to officially begin our life together. I guess I'm totally paranoid and want to pick the right visa direction because I've heard of way too many horror stories that just freak me out!

Thanks again!

You are most welcome!

Nick and I filed for the K1 fiance visa. The CR-1 visa is by far the most awesome visa but the only downfall is you have to be married to file for it and Nick and I want to live together the first year or so of our married life rather than apart, me here and him there. It was a personal choice.

The K1 allows me to enter the states and we have 90 days to get married in the states. We didn't want to get married till later on in 2008 anyhow so it's perfect timing.

You and your Fiance should sit down and talk about what you want and what visa suites your situation the most. Read the Guides and have him look at them and discuss.

Edited January 6, 2008 by ~Laura and Nick~

[Moosker 7]

Thank you for all your help!

If you don't mind me asking, what have you filed for since being engaged to an American? I'm guessing getting married here or in the U.S. is the best idea (quicker rather than later) and applying immediately for the Cr1 visa. Then from there just cross my fingers that the visa comes in and we are able to officially begin our life together. I guess I'm totally paranoid and want to pick the right visa direction because I've heard of way too many horror stories that just freak me out!

Thanks again!

You are most welcome!

Nick and I filed for the K1 fiance visa. The CR-1 visa is by far the most awesome visa but the only downfall is you have to be married to file for it and Nick and I want to live together the first year or so of our married life rather than apart, me here and him there. It was a personal choice.

The K1 allows me to enter the states and we have 90 days to get married in the states. We didn't want to get married till later on in 2008 anyhow so it's perfect timing.

You and your Fiance should sit down and talk about what you want and what visa suites your situation the most. Read the Guides and have him look at them and discuss.

I just wanted to thank everyone again for all their wonderful information! I just wanted to see what most people typically do, the amount of time it takes, and what everyones personal recommendations would be to do. I guess now it's time to "decide" which visa would be the best for us. I'm sure I"ll be back on here to ask a few question in the mean time though!

Good luck to all